【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第5页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (3) Where under this section a settlement has been made of any property of a mentally incapacitated person, and the Court is satisfied, at any time before the death of that person, that any material fact was not disclosed when the settlement was made, or that there has been a substantial change in the circumstances then pertaining, the Court may by order vary the settlement in such manner as the Court thinks fit, and (if necessary) give consequential directions. (4) The power of the Court to make or give an order, direction or authority for the execution of a will for a mentally incapacitated person- (a) shall not be exercisable at any time when that person is a minor; and (b) shall not be exercised unless the Court has reason to believe that the mentally incapacitated person is incapable of making a valid will for himself. (Added 81 of 1997 s. 9) Cap 136 s 10C Supplementary provisions as to wills executed under section 10B (1) Where under section 10B(1) the Court makes an order or gives a direction or authority requiring or authorizing another person ("the authorized person") to execute a will for a mentally incapacitated person, any will executed in pursuance of that order, direction or authority shall be expressed to be signed by the mentally incapacitated person acting by the authorized person, and shall be- (a) signed by the authorized person in the name of the mentally incapacitated person, and with the authorized person's own name, in the presence of 2 or more witnesses present at the same time; (b) attested and subscribed by those witnesses in the presence of the authorized person; and (c) sealed with the seal of the Court.(2) The Wills Ordinance (Cap 30) shall have effect in relation to any such will as if it were signed by the mentally incapacitated person by his own hand, except that in relation to any such will- (a) section 5 of that Ordinance (which makes provision as to the signing and witnessing of wills) shall not apply; and (b) in any provision of that Ordinance any reference to execution in the manner required by that section of that Ordinance shall be construed as a reference to execution in the manner required by subsection (1).(3) Subject to this section, any such will executed in accordance with subsection (1) shall have the same effect for all purposes as if the mentally incapacitated person were capable of making a valid will and the will had been executed by him in the manner required by the Wills Ordinance (Cap 30). (4) So much of subsection (3) as provides for such a will to have effect as if the mentally incapacitated person were capable of making a valid will- (a) shall not have effect in relation to such a will in so far as it disposes of any immovable property, other than immovable property in Hong Kong; and (b) where at the time when such a will is executed the mentally incapacitated person is domiciled in a place outside Hong Kong, shall not have effect in relation to that will in so far as it relates to any other property or matter, except any property or matter in respect of which, under the law of the mentally incapacitated person's domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of Hong Kong. (Added 81 of 1997 s. 9) Cap 136 s 10D Court's powers in cases of emergency Where- (a) it is represented to the Court, and the Court has reason to believe, that a mentally incapacitated person may be incapable by reason of mental incapacity of managing and administering his property and affairs; and (b) the Court is of the opinion that it is necessary to make immediate provision for any of the matters referred to in section 10A(1),then pending the determination of the question as to whether that person is so incapable, the Court may exercise in relation to the property and affairs of that person any of the powers conferred on the Court by this Part in relation to the property and affairs of a mentally incapacitated person so far as is requisite for enabling that provision to be made. (Added 81 of 1997 s. 9) Cap 136 s 10E Preservation of interests in mentally incapacitated person's property (1) Where any property of a mentally incapacitated person has been disposed of under this Part, and under his will or his intestacy, or by any gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal- (a) he shall take the same interest, if and so far as circumstances allow, in any property belonging to the estate of the deceased which represents the property disposed of; and (b) if the property disposed of was real property any property representing it shall so long as it remains part of his estate be treated as if it were real property.(2) The Court, in ordering, directing or authorizing under this Part any disposal of property which apart from this section would result in the conversion of personal property into real property, may direct that the property representing the property disposed of shall, so long as it remains the property of the mentally incapacitated person or forms part of his estate, be treated as if it were personal property. |
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